What is the punishment for beating minors by minors? Beating a Minor Punishment for light beatings of minors.

Any actions of a citizen of the Russian Federation aimed at causing physical suffering to another citizen are considered beatings. Wounds, abrasions, bruises resulting from biting, flogging, squeezing or pulling also fall under this category. We will figure out what will happen if you beat a person or inflict beatings of varying severity on him, and also answer the most pressing questions that arise in this regard.

Law of the Russian Federation on criminal liability for beating a person

As such, there is no law, but there is a section in the Criminal Code devoted to the system of crimes committed against health. Articles are divided into several categories, their application depends on the nature of the injuries, the severity, the identity of the victim and the attacker.

According to the qualification of actions committed against the victims, crimes are:

1. With varying degrees of severity: light, medium, heavy.
2. With the use of violence.
3. With infection with a dangerous disease (Art. 121, 122 of the Criminal Code of the Russian Federation).
4. With other circumstances that endanger human life and health.

We list the articles of the Criminal Code of the Russian Federation and possible punishments for committing these crimes:

1. Article 116 of the Criminal Code of the Russian Federation. Beatings. A criminal case under paragraph 1 of this article is rarely opened, since bodily injuries do not lead to long-term health problems. Basically, the offender gets off with a fine of up to 40 thousand rubles, or is obliged to perform work for the benefit of the city or district for 120-180 hours, or to carry out corrective work for six months. The maximum punishment for inflicting beatings, which did not lead to a health disorder of the victim, but caused physical pain, is arrest for 3 months.
2. Under the same article, but point 2, a criminal case can be opened. The main reasons are hooliganism, hatred towards any religious, political, national, racial, ideological, social groups. Malefactors also expect compulsory, corrective labor for the same terms, or arrest for 4-6 months, or sent to jail for up to 2 years.
3. Article 117 of the Criminal Code of the Russian Federation. Torture. A criminal who systematically beat the victim, caused him physical suffering, which did not lead to health disorders and disability, will be placed in prison for up to 3 years (clause 1). The same crime committed against a pregnant woman, a subordinate, a minor child, two persons is considered more strictly. When making a ruling, the circumstances under which the act was committed are also taken into account: whether torture was used, whether the victim was financially dependent on the attacker, whether the attacker was the perpetrator of the incident for hire, whether he was in a criminal group, whether he had hostility or hatred towards the victim. The culprit can be sent to jail for 3-7 years (clause 2).
4. Article 115 of the Criminal Code of the Russian Federation. Under this article, the victim was slightly harmed, intentionally. In this regard, he had health problems for some time, he could not work. A criminal case is opened against the perpetrator of the crime. An attacker may face a fine of up to 40 thousand rubles. or performance of compulsory works within 15-20 days, or annual correctional labor, or arrest for 2-4 months (clause 1). If the act was committed for the sake of hooliganism, revenge with hostility, then the perpetrator is waiting for compulsory, corrective labor, or arrest for up to six months, or being in prison for 2 years (clause 2).
5. Article 112 of the Criminal Code of the Russian Federation. Characterizes punishments for a criminal who intentionally caused harm to health of moderate severity - inflicted bodily injuries that caused a long-term health disorder and a loss of 1/3 of the ability to work. A criminal case is usually brought against an attacker, he is threatened with arrest for 3-6 months or imprisonment for 3 years (clause 1). In the event that an illegal act was committed against a subordinate, helpless or several victims, the perpetrator will face a more severe punishment - imprisonment for up to 5 years. By the way, the same punishment is assigned to those who were in an organized group, or committed an act with particular cruelty and bullying, because of hooliganism or with hatred and hostility towards the injured party (paragraph 2).
6. Article 111 of the Criminal Code of the Russian Federation. According to this article, an attacker who caused severe harm to health , will suffer a very severe punishment in the form of imprisonment for 2-8 years (paragraph 1). Harm is manifested in the partial loss of vision, speech, hearing, or in the termination of pregnancy or the work of human organs, systems, or in the resulting new diseases (for example, mental disorders). As a rule, the victim cannot work for a long time, as he improved his health. Severe punishment in the form of imprisonment for 3-10 years will await a criminal who committed acts and caused serious harm with particular cruelty to the victim and more than one person, with hatred in order to preserve their social, political, religious and other ideas, or committed a crime for hire, or using the organs or tissues of an injured person (clause 2). From 5 to 12 years in prison "shines" for those intruders who caused the above damage and were in an organized group, and more than one person suffered from them (clause 3). If a crime with serious harm caused the death of the victim through negligence, then the offender will serve his sentence in a strict regime colony for 5-15 years. Of course, for all of the above crimes, criminal cases are opened.
7. Article 119 of the Criminal Code of the Russian Federation. In the event that the perpetrator threatened the victim, inflicted bodily injuries, which are characterized by serious , a criminal case will be opened against him. He will also be punished. An attacker can be arrested for 4-6 months, restrict his freedom for 2 years, or even sent to prison for up to 2 years (clause 1). When the same crime is committed with hatred and enmity affecting political, national, religious groups and views, then the perpetrator will be sent to jail for up to 3 years and banned from engaging in a certain type of activity for 3 years, if necessary (paragraph 2).

What threatens an underage fighter for beating a person?

For the commission of crimes, minors are criminally liable, and in some articles the age of majority begins at 14 or at 16 (Articles 87, 20 of the Criminal Code of the Russian Federation).

We list the measures that can be applied to juvenile citizens of the Russian Federation for beating:

1. Oblige to publicly apologize to the victim.
2. They will issue a warning and put on record on the KDN.
3. They will force you to pay compensation for material damage - from the age of 15.
4. Obliged to pay a fine - from 16 years.
5. Will have to perform work among employees of public organizations.
6. He will undergo treatment in an educational and medical dispensary for children with drug addiction or alcoholism.
7. They will be sent to study in a special school, college.
8. A suspended sentence will be given.
9. They will be imprisoned for causing harm of high or moderate severity - from 15 to 18 years.

Note that there is no single article that would describe the sanctions applied to minors who committed beatings. When making a decision, not only the harm caused will be taken into account, but also the identity of the perpetrator, his previous illegal actions and the circumstances that forced him to do so.

Punishment for beating a child - articles and terms provided for by the Criminal Code of the Russian Federation

There is also no article for beating children under the age of 14. But in the existing chapters of the criminal code there are norms that affect the amount of punishment. The judge will consider all the circumstances of the incident, the harm caused, as well as the identity of the perpetrator and his criminal record, and only then will make a decision.

An attacker can:

1. Go to jail for up to 2 years when causing light bodily harm (Art. 116, 115 of the Criminal Code of the Russian Federation).
2. Be behind bars for 3-7 years because of the systematic infliction of beatings (Article 117 of the Criminal Code of the Russian Federation).
3. Serving a sentence behind bars for 5 years , causing harm to a minor (under 14 years of age) or a minor (under 18 years of age) of moderate severity (Article 112 of the Criminal Code of the Russian Federation).
4. Spend up to 10 years in a strict regime colony , when causing harm to the injured child of a high degree of severity (Article 111 of the Criminal Code of the Russian Federation).

According to article 63 of the Criminal Code of the Russian Federation , the parent must carry out educational measures in relation to his child, but is not obliged to beat. The fact of family relations does not mitigate the punishment for the attacker. Deadline will be added.

What is the punishment for gang beating?

In accordance with the above articles, a citizen of the Russian Federation who has committed a beating as part of an organized group will be punished very severely.

He faces a prison sentence for:

1. Up to 2 years (Art. 116, 115 of the Criminal Code of the Russian Federation).
2. From 3 to 7 years (Article 117 of the Criminal Code of the Russian Federation).
3. From 3 to 5 years (Article 112 of the Criminal Code of the Russian Federation).
4. From 2 to 15 years (Article 111 of the Criminal Code of the Russian Federation).

Of course, the court cannot mitigate the punishment and usually assigns the heaviest punishment (paragraph “c” of Article 63 of the Criminal Code of the Russian Federation). Practice has shown that in order to open a case on a group beating, there must be an important sign - the presence of a conspiracy between the members of the group. If it is not, then the attacker is reduced punishment.

Lawyers' answers to the most common questions about beatings

- The beater himself received serious injuries from the defender - will he escape punishment?

The court makes a decision, taking into account the capacity for work and legal capacity of the attacker.

First of all, the harm caused is taken into account. For example, if the offender inflicted severe injuries on the victim and suffered at the same time, he will be given the most severe punishment in the form of imprisonment.

But if he cannot serve him there due to illness, the judge will make concessions and may impose a suspended sentence for a longer period.

The victim suffers from a mental illness...

Beating of minors is a common phenomenon not only among teenagers. Adults also resort to violence in order to teach a lesson to hooligans who have strayed from the hands.

We will not go into how humane this is, and whether it is possible in certain cases. Let's look at what is written in the legislation and what punishment threatens for what they have done.

Beating of minors - an article of the Criminal Code of the Russian Federation - is related to crimes against a person.

Minors in Russian law are those who are already 14 years old, but not yet 18 years old.

There is no separate article for beating them. Punishment is prescribed for crimes against a person - regardless of age.

But a separate article stands out for beating a minor child, located in the criminal code at number 156.

We are talking about the improper performance of upbringing duties by parents / teachers / employees of a medical organization, the social sphere and the like, who allowed themselves to abuse the child.

In the same case, minority is an aggravating sign, which aggravates the position of the perpetrator.

What threatens under Article 156 of the Criminal Code of the Russian Federation:

In addition to forced labor and imprisonment, they can impose a punishment in the form of a ban on certain activities or holding a number of positions for up to 5 years.

The punishment for beating a minor by an adult varies and depends on the degree of injury.

Responsibility comes under several articles: from 111 of the Criminal Code of the Russian Federation to 118 of the Criminal Code of the Russian Federation. These are beatings, light, medium and serious harm to health, torture.

Cases are also taken into account when the committed occurred in a state of passion, through negligence, when the limits of self-defense were exceeded.

Maximum penalty for all counts:

For crimes committed by a group of persons, against 2 or more persons, based on hostility, in a generally dangerous way, for hire, from hooligan motives and with the use of weapons, the punishment is always stricter.

The penalties listed above are the maximum. The smallest is a fine, then comes work of a mandatory, corrective, forced nature, a ban on holding certain positions, etc.

What threatens a minor for beating a minor? Criminal liability in 2020 for such acts begins at the age of 16.

But for some crimes, it occurs in the perpetrators from the age of 14, these are:

• Causing grievous harm - Article 111 of the Criminal Code of the Russian Federation;
• Causing harm to health of moderate severity - Article 112 of the Criminal Code of the Russian Federation.

Pay attention to the fact that if a person is mentally retarded and did not understand the gravity of the deed and the nature of the actions during the commission of a socially dangerous act, he is not subject to criminal liability.

Minors who have committed crimes are subjected to compulsory measures of educational influence, or they are placed in an educational colony.

Types of punishments assigned to teenagers:

How many years do you get for beating minors? If the offender is under the age of 16, the maximum penalty is 6 years in prison.

All minors who have committed grave and especially grave crimes are given longer terms - up to 10 years.

Now you know which article for beating minors is used to initiate criminal cases, or rather, articles.

If, while in a correctional institution or educational colony, a teenager has not changed, behaves badly and has already reached the age of majority there, he can be transferred to a colony for adults on a completely legal basis, and subsequently to prison. But that's a completely different story.

What article is due for beating, as well as for beating a particular citizen? This issue remains relevant for Russia to this day. Why? All this is due to the fact that this event occurs more and more often. In practice, it is rarely protected by law. Someone simply turns a blind eye to everything, someone out of ignorance does not try to protect their rights. No matter what the reason is, the fact remains that beatings and beatings are quite common in the modern world. And you need to know what punishment is due to the violator under certain circumstances. What article for beating a person will take place? What to prepare for?

Without consequences

What is the article for beating? 116 in the Criminal Code. It is she who indicates the consequences and punishments in a particular case. The first point implies beating without significant harm. You could say cosmetic damage. There is physical pain, but nothing more.

What will happen to the violator? There are several options. But the first measure is monetary penalties. A symbolic fine of up to 40,000 rubles. Or it can be expressed as the income of the convict for a period not exceeding 3 months. Quite a common measure, which for many is an incentive to correct behavior.

To work

The article for beating does not end there. It also provides for other measures that apply to a rowdy brawler. If there was a beating, but did not entail any consequences other than physical pain, one can hope for another scenario.

We are talking about the appointment of various public works. For example, mandatory or corrective. In the first case, you can hope for a maximum of 360 hours of work, in the second - for six months. It is these norms that are spelled out in modern Russian legislation.

Arrests

Which article for beating will help to make a legal and correct decision? 116 in the Criminal Code. Here are some of the cases that serve as a support in the adjudication. What else can be relied upon for beatings?

For example, consider the same case with physical pain, but not accompanied by any consequences or damage/threat to the life and health of the victim. Not only fines and labor take place here.

In some cases, a brawler can simply be arrested for a certain period. Which one? This will be decided by the court, taking into account all the circumstances of a particular case. Only now, if you look at the legislation, then the article for beating imposes some restriction on arrest. The maximum you are entitled to is 3 months. In practice, most often the offender is detained for 15 days and then released. Or an additional fine. These unspoken rules are extremely common.

Hooligans

Beatings are often inflicted on citizens from For this, of course, the punishment will change. This kind of behavior is considered a serious crime. What article for beating will rely in this case? All the same 116 of the Criminal Code of the Russian Federation.

Only when beatings now get off with monetary penalties will not work. Instead, the violator will be doomed to a variety of labor (mandatory - 15 days, correctional - up to 12 months inclusive, forced - up to 2 years), (probation, lasting no more than 24 months) or arrest for six months.

In addition, in some cases, imprisonment may be imposed. Beatings will be punished (with hooligan motives) with imprisonment for a maximum of 2 years. Such measures are prescribed in the Criminal Code.

intent

Of course, this is not the only article for beating. You can refer to another section of the Criminal Code. Namely, pay attention to article 115 thereof. It regulates the penalties for intentionally causing slight harm to human life and health. These rules apply frequently to beatings.

If slight harm was caused, which entailed only temporary or partial disability, you can still get off easily. For example, a fine. It will be exactly the same as with beatings. Either 40,000 rubles maximum, or expressed as the income of the perpetrator for a period not exceeding 3 months.

In addition, you can run into social work. Compulsory will be 480 hours maximum (less is assigned for beatings), correctional - 12 months. Or you can expect to be arrested. What is the article for beating a person and the term of punishment if you intentionally inflicted light harm on someone? The arrest will continue, according to 115 Art. Criminal Code of the Russian Federation, in a similar situation up to 4 months inclusive.

Weapon

In the same part of the legislation of the Russian Federation, measures are also prescribed for causing slight harm (intentional) from hooligan or ideological motives, as well as with All this is punished much more seriously than in all previous cases.

A diverse type of labor still takes place here, but fines do not. Compulsory work will continue if a maximum of 360 hours is assigned, forced labor - 2 years, correctional work - 1. These are the norms indicated in

Just don't be happy. I wonder what is the article for beating a person and the term if you used a weapon, hooligans, or committed a crime out of religious differences? According to Art. You can run into arrest and even imprisonment. In the first case, the maximum period of stay under supervision is 6 months, in the second - 24. So far there are no significant differences with beatings.

grievous harm

The conversation doesn't end there. The whole problem lies in the fact that there is no article for beating a minor, for example, in the legislation of the Russian Federation. Instead, the very fact of causing physical harm to human life and health is divided into many categories. And you will have to study a lot of articles of the Criminal Code in order to know what punishment to expect in this or that case.

Serious harm is characterized by Art. 111. Here are indicated the norms and rules that will threaten when a citizen is beaten, accompanied by serious harm to life and health.

Here only imprisonment is required. That is a prison. But under different circumstances, the period varies. For example, if you acted alone, without any special aggravating moments and without weapons, then you will be imprisoned, at the discretion of the court, for no more than 8 years.

Also, this article for beating a minor provides for special measures to prevent a repeated crime. This also includes an act for hire, actions of a socially dangerous nature, ideology and weapons. In addition, cases are taken into account if the infliction of grievous harm took place for the sake of using the organs or tissues of the victim. For all this, a prison sentence of no more than 10 years is required. In addition, you may also be placed on probation after release for 24 months. In practice, this happens very often.

Groups

Was there a massacre? Article 111 of the Criminal Code provides for penalties for such cases. That is, if the crime was accompanied by the infliction of grievous harm, prepare without fail for imprisonment. The measures are also relevant for cases where several persons were beaten.

Such acts carry a prison sentence of 12 years. This is a limit that is assigned very often. Plus, violators can be punished with an additional restriction of freedom, as in the previous case, for a maximum of 2 years.

Torture

Sometimes beating can be characterized as torture. This violation also has certain preventive measures. Article for beating a minor (and a person over 18) - 117 in the Criminal Code. Here are all kinds of cases that will help you make the right decision.

Physical or psychological torture without consequences is not punished too heavily. Usually you can get off with forced labor for 3 years or a suspended sentence for the same period. Deprivation of liberty also takes place. As with all other penalties under section 117 in this section, the maximum statutory limit is 36 months.

If we are talking about the torture of minors or several persons at once, women (including pregnant women), torture, employment, as well as groups of violators and/or religious/ideological motives, then the measures will be much more serious. What exactly? There is only imprisonment. The term is set in the range from 3 to 7 years. As you can see, this article for beating a person provides for serious consequences for violators.

It is characterized as beating or inflicting another type of pain in the form of hand-wringing, pinching, scratching, and other things that are considered as torture.

Applies to both parents and adoptive parents and cohabitants of parents and adoptive parents. Numerous cases of reprisals against children by educators and attendants in state-owned institutions where underage citizens and adolescents are located have been recorded. And also - in medical institutions where they undergo inpatient treatment.

REFERENCE: Persons who have reached the age of 16 are recognized guilty of beatings, they may be charged with criminal liability.

Unfortunately, statistics on minors are not specifically highlighted. However, it is known that in 2016 about 5,000 people were convicted of beatings. A significant part of the punishments is for beating minors.

Moreover, the identification of this type of guilty acts is significantly hampered by the lack of legal capacity of juvenile victims. And if aggression comes from the tyrant of the father (stepfather), then the mother becomes a solidary victim, unable to defend either her own interests or the interests of the child.

What is the punishment for beating a minor?

There are no special rules for imposing punishment for beating minors. For the most part, responsibility comes due to the operation of articles 116, 117 (torture) of the Criminal Code of the Russian Federation.

Article 116. Beatings

Beatings or other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of this Code, committed out of hooligan motives, as well as on the grounds of political, ideological, racial, national or religious hatred or enmity, or on the grounds of hatred or enmity in against any social group, are punished:

1. compulsory works for up to three hundred and sixty hours;
2. or correctional labor for up to one year;
3. or restraint of liberty for up to two years;
4. or forced labor for up to two years;
5. or arrest for up to six months;
6. or imprisonment for up to two years.

In some cases, qualification is provided for on the basis of other articles, if the strikes led to consequences of varying degrees.

Beating or torturing a person under the age of 18 is considered as an additional qualification that aggravates responsibility. The category of minors includes children under 14 years of age.

The age of the victim affects the measure of responsibility to the maximum, that is, the aggressor is charged with the most severe types of penalties, up to and including imprisonment.

The motives for committing an offense are the reasons by which the perpetrator covers up the act, justifying his unforgivable behavior, both in his own eyes and before the public. The most common among them:

1. punishment for a particular offense;
2. methods of education;
3. maintaining order in specialized institutions.

For the most part, motives play the role of reasons that the aggressor needs for a negative emotional outburst, which is formed against the backdrop of moral and psychological licentiousness and impunity.

The severity of the beatings attracts additional qualifications of the articles:

• Art. 115 of the Criminal Code of the Russian Federation - mild degree;
• Art. 112 - moderate;
• Art. 111 - heavy and especially heavy.

Beating, especially against minors, is a criminal offense. The exception is cases of beatings that did not entail consequences in the form of harm to health, which occurred once or for the first time. In this case, administrative liability may follow under Article 6.1.1 of the Code of Administrative Offenses of the Russian Federation.

Article 6.1.1. beating

Beating or committing other violent acts that caused physical pain, but did not entail the consequences specified in Article 115 of the Criminal Code of the Russian Federation, if these actions do not contain a criminally punishable act, entails:

1. imposition of an administrative fine in the amount of five thousand to thirty thousand rubles;
2. or administrative arrest for a period of ten to fifteen days;
3. or compulsory work for a period of sixty to one hundred and twenty hours.

The same applies to beating out of hooligan motives, as well as:

1. for religious reasons;
2. nationalistic, racial motives;
3. to incite discord and riots.

With administrative responsibility, if the blows without harm to health were inflicted by third parties, the punishment may be limited to a fine of up to 40 thousand rubles. If the perpetrators act as officials, the amount of the fine provides for a significant increase - up to 100 thousand.

It is also at the discretion of the court that:

• mandatory work up to 240 hours;
• arrest - up to three months;
• correctional work - up to six months.

How many years do you get for beating minors?

Without aggravating circumstances, the act is defined as "simple beatings". Despite the fact that striking a child is in itself an aggravating circumstance, there are other types of qualifications that significantly aggravate the guilt and are proportionate to the measure of criminal liability.

These include the degree of harm caused to health or hooligan and other malicious motives discussed above. According to the degree of complexity of the consequences obtained, the terms of imprisonment may increase:

1. for torture - up to 7 years;
2. for harm of moderate severity - up to 5 years;
3. serious harm - up to 10 years.

REFERENCE: The penalty is imposed at the place of the offense or the place of residence (work) of the perpetrator.

Whose side is the court on?

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The jurisdictional body considering the case involving minors, in most cases, is on the side of the victims. However, here, too, he considers the objective circumstances of the case.

For example, it is rather difficult to qualify the responsibility of the participants in a fight, one of whom is 17 and the other 18 years old. In the absence of clear fault, in this case, the claim may be rejected.

The court may also refuse punishment on the basis of evidence of self-defence, taking into account the guilt of the minor. It is also taken into account that an often aggressive teenager who has reached the age of 16 is himself capable of acting as a source of danger during an attack (). In such ambiguous situations, it is required to provide a substantial evidence base.

Self-defense characterizes a proportionate reflection of the attacker's attack, if it is exceeded, criminal or administrative liability also occurs. When recovering, the question often arises of compensation for losses for an independent examination and other legal costs charged from the guilty party.

This requires:

• filing a civil lawsuit in a criminal case, for the recovery of material damage from the perpetrator.
• Win a criminal trial, as a result of which the actions of the defendant will be recognized as guilty.

With certain indications, the court may appoint additional proceedings for the deprivation of parental rights and the removal of the child from the family.

Conclusion

Punishment for provides for maximum volumes, for beatings with causing harm to health - significant terms of imprisonment. In some cases, the claim may be denied, but the court always acts in the best interests of the child.

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